OFCCP Issues New Scheduling Letter and Listing for Contractor Compliance | Practical Law

OFCCP Issues New Scheduling Letter and Listing for Contractor Compliance | Practical Law

The Office of Federal Contract Compliance Programs (OFCCP) has published a notice announcing the Office of Management and Budget's (OMB) approval of a revised Scheduling Letter and Itemized Listing (audit notice) identifying information and documents that service and supply contractors must provide in compliance with an OFCCP evaluation.

OFCCP Issues New Scheduling Letter and Listing for Contractor Compliance

Practical Law Legal Update 4-583-6446 (Approx. 4 pages)

OFCCP Issues New Scheduling Letter and Listing for Contractor Compliance

by Practical Law Labor & Employment
Published on 07 Oct 2014 • USA (National/Federal)
The Office of Federal Contract Compliance Programs (OFCCP) has published a notice announcing the Office of Management and Budget's (OMB) approval of a revised Scheduling Letter and Itemized Listing (audit notice) identifying information and documents that service and supply contractors must provide in compliance with an OFCCP evaluation.
On September 30, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published a notice announcing the Office of Management and Budget's (OMB) approval of a revised Scheduling Letter and Itemized Listing (an audit notice) identifying information and documents that service and supply contractors must provide in compliance with an OFCCP evaluation. According to the new revisions:
  • Employment activity data now must be reported (in addition to gender) by individual race and ethnicity rather than by the two categories of minority and non-minority.
  • Contractors must submit individual compensation data rather than aggregate data. The data submitted must be as of the date of the workforce analysis in the contractor's Affirmative Action Program (AAP).
  • Compensation is defined more broadly to include:
    • hours worked;
    • incentive pay;
    • merit increases;
    • locality pay;
    • overtime; and
    • additional compensation factors provided by the contractor.
Contractors must complete an initial submission to an audit notice within 30 days of receipt. Data must be submitted electronically if contractors maintain it in a useable and readable electronic format. Copies of reasonable accommodation policies must be submitted, as well as any documents concerning requests for, and resolutions of, any accommodation requests.
The OFCCP also incorporated changes to the disabled and veteran rules altering the reporting and record-keeping obligations under Section 503 of the Rehabilitation Act and the Vietnam-Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)), including requirements such as:
  • Documentation of actions taken to comply with audit and reporting systems under both laws.
  • Assessment of personnel processes.
  • Assessment of mental and physical qualifications.
  • Analysis of the representation of disabled individuals in the contractor's workforce.
The new Letter and Listing were published on October 1, 2014, but these new documents will not be used until after October 15, 2014.